Police Chief: In
Chief Arthur’s absence, Mayor Fuga reported there has been an uptick in drug
overdoses in which the drug Narcan had to be used to counteract the drugs. They brought back two or three people with
Narcan thus far. There has been an
increase in break ins in the community; the police urge residents to keep their
doors locked. This time of year,
packages on porches could be taken, please look out for your neighbors. Mayor Fuga stated this will also cover his
Mayor’s report.

Fire Chief: K.
Napoli gave the fire report. Chief Rood
is out of town. In his absence, Captain
Chase and Captain Allan are in charge of the borough.

Public Safety: K.
Napoli reported that as Jermyn Borough’s EMS provider, William Walker notified
us that Cottage Ambulance will no longer be providing a full time day shift EMT
effective 12/29/18. In the short term,
per diems are being looked into. Longer
term, they are looking for more permanent solutions. William Walker would like to speak with the
Mayor, Head of Public Safety, and President of Council.

Zoning: Bob Chase reported there is a zoning
application for a new home in East Jermyn.

Tax Collector:
Absent. K. Napoli asked if
council could draft a letter reminding the tax collector that she is to be
present at least one meeting every other month.

Engineer: Absent

Shade Tree: Absent

DPW: D. Markey reported that All American Rooter
began the video camera of the sewer at the Woodlands this week. A sewer backup happened last week in the
North Old Mill Road section, and a resident has damage in their finished
basement from backup. D. Markey called
the solicitor and DGK immediately.
Municipalities, with a few exceptions, are exempt from liability
resulting from sewer backup issues. The
resident will need to go through their own insurance first, then if their
insurance denies the claim, they can file a claim through the borough, but that
doesn’t mean that the borough policy would pay.
The borough had incurred a bill for emergency services due to root
intrusion, and the sewer line needed to be jetted. D. Markey reported the video so far showed
some root intrusion, however the sewer lines are in better shape than we
originally thought them to be. DPW found
the buried manhole, but cannot get the lid open, so they may need to break
it. North Old Mill sewers are in good
shape except for the roots. Mayor Fuga
stated we can treat the sewers with Root-X, which we can dump into the sewer,
add water, it will foam up, kill the roots, and coat the sewer line. We would like to treat that area rather than
cut up the road when the pipe isn’t that bad.
Mayor Fuga explained the problems with the sewer lines and how roots
intrude the pipe without breaking in. K.
Dougherty stated they had considered changing where their sewer came out. Mayor Fuga stated the issue near C. Tomaine’s
house he believes is root intrusion also.
C. Tomaine stated coverage for water backup of sewers and drains isn’t
automatic, but is available on most homeowner’s policies. D. Markey stated when it’s not snowing, the
DPW is also working on the side stairwell.

Treasurer’s Report: D.
Markey gave the treasurer’s report:

Expense disbursements for the
timeframe were $37,555.56, also 3 periods of payroll for $41,068.07.

D. Markey sent bills payable on
12/19/18 to council.

Motion by J. Schreiner to accept
Treasurer’s Report and pay bills.
Seconded by C. Tomaine. All in
favor, motion carried.

Solicitor:
Tonight’s Solicitor’s report will include discussion around a Feral Cat
Ordinance, and the Business Ordinance as rewritten, which are separate agenda
items.

Code Enforcement : W.
Aquilino reported that he and K. Napoli had the opportunity to inspect the
daycare at 626 Madison Ave. He’s also
reviewed twice, and reviewed with the Borough Manager. There are no code violations, however there
are issues with residents parking on the street when they have their own
driveways, so we may need to discuss parking restrictions on that part of the
block. He will ask the daycare to place
flexible barriers, and paint a sidewalk section by the parking lot. K. Napoli stated for the record, there are no
safety or zoning issues on the property.
B. Chase confirmed there have been no issues with the daycare. W. Aquilino stated the chain link fence over
the Madison Ave bridge is the county’s, and the borough has no jurisdiction
regarding it. B. Chase stated it’s a 15
MPH zone, and he’s never heard anyone complain.
W. Aquilino stated there were no poles with jagged edges, and the
pictures floating around are old. Mayor Fuga stated it’s wrong for the resident
to call out officials on Facebook also.
A discussion ensued about the origin of the complaint, and that the
resident complaining is Frank Constantine, who resides across the street. W. Aquilino invited him to tonight’s
meeting, but he is not in attendance. K.
Napoli invited any church parishioner, any parent of a student of the Lakeland
SD, or any parent of the daycare that has an issue with the daycare, please
come forward to discuss the issues. K.
Napoli stated he asked in the past for anyone to come forward with any issues,
and besides the one resident complaining, no one has come forward.

Grants Committee: K.
Dougherty reported she researched the MS4 grant opportunities, and there will
be a grant opening in the spring.

Finance: F. Kulick stated the budget for 2019 was
presented at the last meeting and duly advertised. It’s been available for inspection since
12/7/18. F. Kulick made a motion to pass
the 2019 budget as presented and advertised.
Seconded by C. Stephens. All in
favor, motion carried.

Tax Millage Ordinance: A
motion was made by K. Napoli to pass the ordinance setting the 2019 Tax Millage
at 29 mills. Seconded by K. Dougherty.
All in favor, motion carried.

Real Estate: The
land was appraised at the property adjacent to the property that R&L
Carriers just purchased. The land was
appraised at $6400, and the cost of the appraisal was $525. F. Kulick stated council needs to make a
decision on whether to gift or sell the land.
He suggested gifting the land with the reimbursement of $525 cost of the
appraisal. C. Tomaine asked what the
options were. D. Markey explained per
the Borough Code, Council can sell the land for $1500 or less without a formal
bid process, however the appraisal needed to be finished first. If Council decides to sell the land for over $1500,
bidding is required. Council can also
decide to gift the land. K, Napoli stated it may be in our best interest to
gift the land, showing a sign of good faith and support from the borough. F.
Kulick made a motion to notify R&L Carriers that we will gift them the land
in question in exchange for the cost of the appraisal once construction
begins. Seconded by J. Schreiner. All in favor, motion carried.

Auditor: D. Markey explained that at the 12/6/18
meeting, council voted to retain Barbetti to complete the 2018 DCED audit. It was the only proposal we received at the
time. The following evening, the borough
manager and Mayor were approached by Brian Kelly, CPA, who explained that his
firm could fulfill the DCED audit requirements for much less than what Barbetti
proposed. The borough manager and Mayor
advised President Kulick of the conversation, who stated to notify Barbetti
that we are weighing our options and will make a decision at the 12/20/18
meeting. K. Napoli asked if our former
solicitor recommended Barbetti to us? D.
Markey advised once the former borough manager left, the borough code calls for
an audit, and Council asked the solicitor if he could recommend an accounting
firm, who recommended Barbetti. Barbetti’s
office completed the 2017 DCED audit for $7500, and Kelly’s firm quoted a price
of $5500 for the 2018 Audit. D. Markey
advised that under Kelly’s recommendation, he cancelled Sage and purchased
quickbooks, and it will save the borough $1500 in 2019 alone. D. Markey stated he contacted the borough’s
IT professionals as well, and they agreed with the switch. K. Napoli motioned to rescind his 12/6/18
motion to retain Barbetti for the 2018 DCED audit. Seconded by C. Stephens. All in favor, motion carred.

Rushbrook Creek Update: F.
Kulick reported that the borough meets quarterly by conference call with the
DEP and Army Corps of Engineers to keep updated as to what is going on. They reported they are still working on legal
documents, and are about 80% completed.
They estimate about another 6 months until the documents are ready. The newest roadblock involves land owned by
PENNDOT as it pertains to mitigation credits.
If the borough started to obtain easements upstream, and different
descriptions or language is used, DEP will not accept, so we need to wait until
we get the go ahead regarding easement language, etc. F. Kulick stated within 1 year after the
start of the project, the borough will need to have $20,000 in an escrow
account. Mr. Kleha asked didn’t Senator
Blake assure us that Jermyn Borough wouldn’t have to worry about funds? F. Kulick stated that he believes Senator
Blake was referring to construction costs, not the escrow account. F. Kulick stated that he thinks the start
date of 2022 that we were given may be in danger.

Holiday Light Fund: F.
Kulick reported that the “Light Up Christmas” event he sponsored on 12/15 was a
success, and he thanked Dani-Elle for performing at a fraction of her normal
cost, and thanked the Artisan Fire Co for hosting and donating a portion back
to the light fund. F. Kulick also
thanked the Mayor, Borough Manager, and Council Members that helped, as well as
their spouses. We raised $1143 that
night towards the holiday lights.

Business Ordinance: D.
Markey stated the business ordinance was advertised in April, and needs to be
re-advertised. F. Kulick stated the
original ordinance had a fee, and the revision removes the fee, but we have a
need to pass the ordinance and keep a business registry. A motion to advertise the revised proposed
Business Registry Ordinance was made by K. Dougherty, seconded by C.
Stephens. All in favor, motion carried.

Fees: F. Kulick read resolution 22-18, amending and
revising the schedule of fees for 2019.
A motion was made by J. Schreiner to pass Resolution 22-18 setting 2019
borough fees, seconded by K. Napoli. All
in favor, motion carried. D. Markey
explained council simply needs to pass a resolution yearly setting fees, and if
fees need to be changed, they can be changed by resolution also.

Meeting Dates: F.
Kulick stated we need to advertise meeting dates. K. Napoli motioned to hold council meetings
on the 1st and 3rd Thursdays of each month at 7pm in
Jermyn Borough Council Chambers for 2019.
Seconded by C. Stephens. All in
favor, motion carried.

Lackawanna County Land Bank: F.
Kulick stated that C. Tomaine asked this to be tabled at the last meeting, and
wanted to bring it up again. D. Markey
stated he contacted Ralph Pappas of the Land Bank to come and give a
presentation and question and answer session, who informed him that Jermyn does
not currently have any land in the repository, so there is currently no need
for Jermyn to join, but we would be invited in the future if a need
arises. D. Markey advised that we could
still join, but one stipulation is that taxes collected on land bank properties
for the first 5 years, 50% would go to the land bank, and the other 50% to the
municipality and school district. W. Aquilino
stated that he believes we should continue to table it. C. Tomaine agreed, after reading everything,
he found some issues which he believes to be questionable and one-sided. D. Markey stated he will keep it off the
agenda, and will put back on if needed or requested.

Borough Manager Report: D.
Markey reminded the solicitor that once the Joinder Ordinance is passed, he
needs the paperwork so he can return to the pension plan administrator. He already spoke about the financial
software.

Feral Cat Issue: W.
Aquilino stated he drafted a feral cat ordinance. F. Kulick asked how we’re going to pay for
this? He also stated that cats die when
you put collars on them, due to getting caught on branches, etc. Quick release collars require 5lb of pressure
to release, and cats can’t exert that kind of pressure. F. Kulick stated he knows there’s a cat
problem, but he thinks an ordinance is ridiculous. K. Dougherty stated she has a dog and can’t
let it wander without a collar or a leash.
F. Kulick stated dogs and cats are two different kinds of animals. W. Aquilino stated feral cats are everywhere,
not just Jermyn, but was tasked with looking into the cat problem, and people
feeding feral cats. The only way to
prevent that is to have an ordinance.
The ordinance he prepared is over-inclusive on purpose, so things can be
stricken rather than having things added.
W. Aquilino stated if council is interested in controlling feral cats,
there are trap neuter release programs, but the borough will incur a cost. K. Napoli stated he doesn’t know how the
ordinance will be enforced. W. Aquilino
stated if you feed a feral cat so many times within a certain number of days,
they become your cat, whether or not you buy it, name it, or shave it. It is your cat, and you are then responsible
for that cat, and the feral cat ordinance has a nuisance clause in it. D. Markey stated there are current ordinances
on the website stating that dogs and all other animals shall be leashed when
outside. D. Markey stated there are also
ordinances that limit households to 4 pets.
K. Dougherty asked if we have cat problems in the entire town, or just
certain spots? Mayor Fuga said just
certain spots. D. Markey stated he found
a copy of an ordinance in Old Forge, PA, which was filed away in the cabinets
from 2016, which deals with feeding of feral cats. K. Napoli asked what you would do with the
cats? D. Markey stated we can trap them,
but the trap neuter release program costs money. D. Markey will distribute the Old Forge
ordinance, and council would like to table this topic for now.

Municipal Pension Plan Joinder Ordinance: The
2019 pension plan joinder ordinance has been duly advertised and is ready to be
voted on. W. Aquilino stated Council
voted to not require police to contribute 5% for 2019, due to the well-funded
status of the plan at the last meeting. A motion was made by F. Kulick to pass the
Pension Plan Joinder Ordinance 23-19. Seconded
by C. Stephens. All in favor, motion
carried.

MS4: F. Kulick appointed an MS4 committee, and
asked for volunteers. F. Kulick
appointed Cindy Stephens, Jennifer Schreiner, and Kristen Dougherty to the
committee, with Cindy Stephens as the chair.

New Business:
None at this
time.

Adjournment: With
no other business to come before the meeting, a motion was made by K. Napoli to
adjourn, seconded by K. Dougherty. All
in favor, motion passed. The meeting
adjourned at 8:43pm.